German court orders removal of flower pots from public sidewalk

A resident of Mülheim an der Ruhr has lost a legal battle against the city after being ordered to remove decorative flower pots that had been placed on a public sidewalk in front of her home for 20 years.

The resident argued that because the pots had remained undisturbed for two decades, the city could not suddenly demand their removal. She had placed them to beautify the entrance to her home, which lacks a front yard. However, municipal order services determined that the pots could obstruct pedestrians.

The case was brought before the Administrative Court in Düsseldorf. In its ruling, the court sided with the city, stating that placing decorative containers on a sidewalk constitutes a ‘special use’ of public space, which requires a specific permit. The court clarified that public thoroughfares are primarily intended for general use, such as pedestrian movement and transit. The judges ruled that the fact that authorities failed to intervene for 20 years does not make the unauthorized use of public space legal.